Trademark and Unfair Competition Law and Policy in Japan

Trademark and Unfair Competition Law and Policy in Japan

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Port describes both the nature and process of protecting appellations of source in Japan and provides normative commentary on this protection. By focusing on the Japanese judiciary's interpretation of two statutes a€” he Trademark Law and the Unfair Competition Prevention Act a€” some important lessons are learned. First, the Japanese judiciary treats trademark owners (both foreign and domestic) paternalistically. Japanese courts go to great extremes to avoid harsh results that seem possible under a strict reading of these two statutes. Second, Japanese trademark owners are extremely rights conscious and pursue litigation to the fullest in order to drive up the cost of market access by competitors. Third, the Japanese trademark right operates more like a true property right than it does in America. This has broad ramifications as judges treat the right with far more deference than their American counterparts.Therefore, trademark owners often registered those associated marks that might conceivably be used by competitors to approximate but not technically infringe the main mark. As an illustration, consider the marks nissan and sentra. The owneranbsp;...

Title:Trademark and Unfair Competition Law and Policy in Japan
Author: Kenneth L. Port
Publisher: - 2007

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